U.S. District Court of Western Arkansas Rules RICO Case Can Proceed Against Gospel for Asia

In April 2016, Gospel for Asia’s celebrity attorneys asked the Western Arkansas District Court to either dismiss the RICO suit against them or to require plaintiffs Matthew and Jennifer Dickson to submit to binding arbitration.  Today, the court declined to dismiss the case. Furthermore, they declined to require the Dicksons to enter arbitration, ruling that their employment contract did not envision a case such as this.
In short, the RICO suit against Gospel for Asia will go forward. From the court order:

Plaintiffs’ complaint is sufficiently pled to overcome the hurdles posed by Defendants’ motions to dismiss, and this case must proceed to discovery.
III. Conclusion
IT IS THEREFORE ORDERED that Defendants’ motion to compel arbitration (Doc. 23) is DENIED.
IT IS FURTHER ORDERED that Defendants’ motions to dismiss (Docs. 25 and 27) are DENIED.
IT IS SO ORDERED this 18th day of January, 2017.
/s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

Over the next several days, I hope to review my posts concerning GFA from 2015 which should give some indication of what discovery will be like for the defendants.

Indian Government Cracks Down on NGOs; Gospel for Asia India Changes Name to Ayana Charitable Trust

Source TT Architects website
GFA HQ – Source TT Architects website

Earlier this week, the Indian press reported that 20,000 NGOs had been cancelled by Prime Minister Modi’s crusade against corruption. According to those reports, only 13,000 NGOs remain as approved by the government.
It is unclear if any of the NGOs connected to mission giant Gospel for Asia has been caught up in the crack down. The government’s Home Ministry website provides lists of about 12,000 NGOs which are not now approved and none of the GFA organizations are listed. However, given the reports of 20,000 cancelled, presumably more will be announced in the days ahead.
In looking for information about the drastic measures, I learned that Gospel for Asia in India is now called Ayana Charitable Trust (see this blog post at India Happenings). To my knowledge, this name change was not disclosed to donors outside of India. The Gospel for Asia – India website is not functional and hasn’t been for months. Apparently, donations from America, Canada and around the world are being sent to Believers’ Church as well as a handful of NGOs in India, all affiliated with Believers’ Church.
Apparently, Gospel for Asia isn’t operating as GFA in India.
Recent government filings indicate no foreign contributions to Ayana Charitable Trust. For instance, look at this report filed in the last quarter of FY 2015-2016.
Ayana Trust last qtr 2015-2016
However, in April 2016 the Deccan Chronicle reported robust contributions for 2014-2015 to Ayana Charitable Trust, Believers’ Church, Love India Ministry and Last Hour Ministry, all affiliated with Believers’ Church. This reflects donations from GFA in Wills Point, TX to these NGOs. The Chronicle reported the donations to Ayana and not the old name of Gospel for Asia. However, as noted above, Ayana reported no contributions in the last quarter of FY 2015-2016.
It is unclear why GFA has changed the name in India. Creating multiple NGOs and changing their names does make it harder to track donations. Given the intense scrutiny of GFA’s activities (leading to expulsion from the Evangelical Council for Financial Accountability), making it hard to track activities might be a defensive strategy.

WAY-FM: Gospel for Asia "Passed Our Internal Review"

Looking around on Christian radio network WAY-FM’s website, I saw this ad for Gospel for Asia.
GFA on WAY
First, GFA isn’t really giving very many animals to children. Most goat gifts end up in a fund which may or may not provide an actual animal to a family.
Then, I wondered if perhaps WAY-FM was unaware of GFA’s ethics and legal problems. Even K-LOVE told me at one point they no longer partner with GFA.  I wrote WAY-FM to find out.
The response led to another question which has yet to be answered.
Mike West at WAY-FM answered briefly:

All Impact Partners are internally reviewed prior to airing and GFA passed our internal review once again.

So an advertiser is an “impact partner” and GFA passed an internal review. This response led to my next, as yet unanswered, question.
What would GFA have to do in order to fail?
Apparently, an impact partner can be evicted from the Evangelical Council for Financial Accountability due to multiple violations of financial integrity standards and still pass.
An impact partner can be removed from the Combined Federal Campaign by the U.S. Office of Personnel Management due to violations of federal regulations  and still pass.
An impact partner can be disgraced in an Indian court for misusing donor funds and still pass.
An impact partner can be removed from the Independent Charities of America and still pass.
An impact partner can be removed from membership in the National Religious Broadcasters and still pass.
An impact partner can fail to make available audited financial statements for 2014 and 2015 and still pass.
An impact partner can commit all those misdeeds and leave the same leadership team in place and still pass.
I would like to know what groups fail WAY-FM’s internal review. I could do a lot of blog posts on that group.
 
 

Indian Ruling Party Official: K.P. Yohannan Has No Claim to Rubber Plantation

K.P. Yohannan, source: Youtube
K.P. Yohannan, source: Youtube

Gospel for Asia founder and director K.P. Yohannan is getting opposition from the India’s Peoples Party in his bid to sell a rubber plantation that the government says he doesn’t own. Yohannan’s Believers’ Church purchased the working rubber plantation — Cheruvally Estate — from the Harrisons Malayalam Ltd company in 2005. According to the Times of India, a high ranking official in the party of Prime Minister Modi claims the church should not be repaid for the property since it was acquired illegally:

The government does not need permission from K P Yohannan to set up airport in the Cheruvally estate, BJP national executive member V Muraleedharan said.
Muraleedharan said that when the government plans to buy the 2,200 acre Cheruvally estate from the encroachers and set up the airport, it would set a wrong precedence for encroachers of government land in other areas. The opposition was against this move that would set the ground for large-scale corruption, he said.

Yohannan has said the Believers’ Church bought the land with a loan. While this may be true, he was able to do so because donors from around the world gave millions to GFA. His operations in India have consistently promoted work with children and evangelism as the focus of American donantions. However, the bulk of money from outside of India has gone to finance the creation of for-profit businesses in India (e.g., medical centers, schools). Furthermore, at least $20 million in donations was first sent to India and then secretly returned to the United States in order to fund GFA’s compound in Texas.
GFA and Yohannan were evicted from membership in the Evangelical Council for Financial Accountability in October 2015. GFA was singled out as violating government regulations by the Office of Personnel Management in January 2016 and sanctioned to the greatest extent allowed by law.

#GivingTuesday: Donor Illusions

Although dated, I have found this 2009 article on donor illusions to be helpful.  The article was published on the blog of the Give Well organization, a donor support group. Give Well publishes a recommended charity list each year. Here is 2016’s list.
The Give Well description of donor illusions focuses on international charities but illusions can be found in domestic charities as well (e.g., today’s post on coats for pledges at K-LOVE).

As a result, international charities tend to create “donor illusions” by implying that donations can be attributed more tangibly, reliably and specifically than they really are. Some charities are more purposefully misleading than others, and some have more prominent and clear disclosures than others, but we feel that all of the cases below end up misleading many donors.

The illusions illustrated in the post include loans to third world entrepreneurs, child sponsorship, and giving livestock to needy families.
Livestock Gifts
I have written about these in previous years as being a good example of a compelling illusion. Donors can easily sell the idea of giving an animal to a third world family to Sunday school classes or church groups. The marketing certainly creates that illusion. Check out World Vision’s 2016 catalog.
WorldVision 2016 goat
Here is what World Vision says about the gifts in the new Christmas catalog.
world vision fine print 2016
In other words, your donation will be used where “it is needed most.”
Church Illusions
Other illusions I have covered include Mars Hill Church’s promotion of Ethiopian pastors via Mars Hill Global. In fact, most of the money donated to Mars Hill Global went to expand the Mars Hill Church video locations in the United States.
Gospel for Asia for years told donors that 100% of donations went to “the field.” The illusion was created that poor church planters and Asian children were getting most of the donations. However, we have since learned that Gospel for Asia’s Texas leadership sent millions to Believers’ Church in India, also controlled by GFA founder K.P. Yohannan to build state of the art for profit schools and medical centers. While a small percentage of the money went to evangelism and helping the poor, much of it went to projects designed to make Believers’ church self-sustaining and a large portion went to India and then back to Texas to help build GFA’s state of the art headquarters.
Today, I wrote about K-LOVE’s claim that a $40/month donation to K-LOVE provides a warm winter coat to a needy child. The only reason that claim might technically be true is because K-LOVE and Operation Warm set up an artificial scheme to tie coat distributions to pledges. K-LOVE holds captive coats from Operation Warm and tells prospective donors we will give a coat if you pledge. What K-LOVE doesn’t tell donors is that the coat will be given to a child anyway, pledge or no pledge.
Do Donors Want Illusions?
Tim Ogden at the Philanthropy Action blog says they do:

David Roodman pointed me to a typical reaction post to the Kiva story. In summary, the authors lament the lack of direct connection to a specific person they can give to and wonder why they can’t just dispense with the intermediaries.
I think the post is quite revelatory about why so many charities create the illusion of direct connection. They do so because donors demand it.
The demand for direct connection is baffling to me since most donors absolutely refuse direct connection to the people in need that are closest to them. Consider: how often do you or your friends take advantage of the opportunity to give directly and establish a connection by giving $20 to the guy standing at the corner with the cardboard sign saying, “Will Work for Food”?
I’ll bet the answer is “never.“ And there’s a very good reason for that. You believe that to actually help that person you should give the money to a knowledgeable intermediary like a homeless shelter that will do the research to understand this person’s situation, and ensure the money you give is actually used in a responsible way.
So if you would only give to an intermediary in order to help someone on the street outside your home, why do you want to do away with intermediaries between you and a person on the other side of the world whose circumstances you don’t understand at all?
I just don’t get it.
In the end I guess the donor demand really is for an illusion. They don’t just want connection—what they want is the illusion of connection where they can feel directly connected but not actually have to be directly connected—with all the messiness that such connections would entail—to people in need.

This somewhat cynical explanation for the persistence of illusions doesn’t quite fit for me. As I have learned that charities are using subterfuge to raise money, my reaction has been anger. I want the nuance. I want to know what they are doing with the money.
Guilt Illusions
I am sad and angry that K-LOVE artificially creates guilt in their listeners. I know people who agonize over how much to give to K-LOVE “to keep them on the air.” When K-LOVE’s well-paid on-air personalities top off their appeals with the promise that the $40/month will trigger a coat for a needy kid, that tips the scale toward a pledge, even though the family income really can’t absorb that level of giving. It should keep K-LOVE executives up at night that their Christian brothers and sisters are denying their children and themselves basics so that they can get a quarter of a million per year (the CEO made nearly $600,000 in FY 2015).
On this #GivingTuesday, give to those you have investigated. Give locally. By all means, give a needy person a coat, but do it yourself, or through a local group who is locally accountable.